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(영문) 수원지방법원평택지원 2020.10.23 2020고정209

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall lend a means of access while demanding, demanding or promising the compensation for the use and management of the means of access.

Nevertheless, the Defendant, upon receiving a proposal from his name bad, proposed that he would create a transaction performance if he sent the physical card to increase the loan amount. On November 18, 2019, the Defendant opened a physical card, which is a means of access connected to the Defendant’s name bank D account, to the Kwikset service engineer who sent the above name bader in Pyeongtaek-si B apartment Cdong.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Application of the Acts and subordinate statutes to the details of text messages, the details of Kakakao dialogue, and the account transaction statement;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (see, e.g., Supreme Court Decisions 2017Do16946, Jun. 27, 2019; 2007Do1697, Jun. 27, 2019; 2008Do497, Jun. 27, 2019; 2000Do3335, Jun. 27, 2019; 2000Do33355, Jun. 27, 2019; 2000Do4977, Jun. 27, 2019; 2000Do3335, Jun. 27, 2019; 2000Do3334, Jun. 27, 200).